Surrogate's Legal Battle Over A Sick Infant Reaches U.S. Supreme Court
A surrogate mother who refused an abortion after a severe heart defect was diagnosed has appealed to the U.S. Supreme Court over custody and legal parenthood rights.
A unique legal battle over the life of a surrogate-born baby has reached the United States Supreme Court. McKnae West, a nurse from Alaska, refused a request during pregnancy by intended parents Naoshin Gilkar and Omar Ahmed from California to terminate the pregnancy after it was discovered that the fetus suffered from a severe heart defect. Now, nearly a month after giving birth in Texas, she has turned to the Supreme Court in an attempt to block a ruling that recognized Gilkar and Ahmed as the legal parents and to allow her to resume her fight for the continued care of the baby.
The legal battle began long before the baby was born. At the 20th week of pregnancy, the heart defect was discovered. According to West, on that very day, Gilkar and Ahmed asked her to terminate the pregnancy in accordance with the surrogacy agreement. West refused, stating she could not "kill this sweet baby after feeling him move."
Legal Escalation and Jurisdiction Dispute
West offered to raise the child herself or help find adoptive parents, and even agreed to release the couple from their financial obligations for the remainder of the pregnancy. Her attorneys claim she was warned that her decision could expose her to fines and liabilities exceeding 250,000 dollars.
Gilkar and Ahmed turned to a California court to be recognized as the baby's legal parents. West argued in response that, according to the surrogacy agreement, the proceedings should take place in Alaska and that the California court lacked jurisdiction. The court rejected her argument and ruled that Gilkar and Ahmed are the legal parents.
"He is our child. He is the love of our lives," stated the intended parents during the legal proceedings.
Birth and Medical Interventions in Texas
Ahead of the birth, West traveled to Texas, where a hospital specializes in treating the specific heart defect. Texas Attorney General Ken Paxton secured an emergency order obligating the hospital to provide life-saving treatment. The baby was born on August 12, and five days later underwent the first of three scheduled open-heart surgeries.
The struggle continued after the birth. West recounted that she was only permitted to be with the infant for about a minute, and was subsequently barred from seeing or holding him. On September 2, a Texas judge adopted the California ruling and excluded West from the legal proceedings, meaning she is no longer entitled to receive updates on his medical condition.
Her attorneys are now asking the Supreme Court to stay the ruling and allow her to rejoin the proceedings in Texas. The petition was referred to Justice Elena Kagan, who has yet to rule on it.
